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    In Re Estate of Wallace - Genetic Testing to Determine Intestate Succession

    The following article concerns a case brought before the Third Court of Appeals in Texas on August 28, 2013. This case was appealed from a decision of the Probate Court of Travis County. The cause of action arose from a disagreement surrounding the division of Ruby Greer Wallace’s estate. Ruby had three children: Carole Ann Wallace, Dennis Arthur Wallace Jr., and William Edward Wallace. Ruby died intestate, as did William Edward. Furthermore, William Edward died without a determination of heirs. Barbara Wallace Hernandez, who claimed to be William Edward’s daughter, applied for a declaration of heirship. Carole and Dennis Jr. contested Barbara’s application. After a bench trial, the trial court held that Carole, Dennis Jr., and Barbara were each entitled to a one-third interest in the estate. Carole and Dennis Jr. appealed.

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